New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-02-10
WILL TIE SUBWAY YORK DE STOPPED :
TIE hoard WAITING TO nEAK IRON THE LEGIsLAr.

THE BOARD WAITING TO HEAR FROM THE LEGIsIAT-
URE-JUDGE VAN HOEsEN's DECISION
Unless the Legislature to the aid OF the Subway
Commission 1t IL highly probable that the work ofburyng
the wires In this city will DO seriously delayed
tive needed for two things First regard 10 the
decision recently given by Judge Van In the Court
OF Common Pleas that the Commission acting without
authority in constructing. through servant corporation
general system oil subways ana compelling the various
electrical them. This Interpretation of
the OF 1885. creating the subway Commission ia not
the Board. but also that rendered by tho
Attorney General OF the state. OF course the Commits,
soners do not look upon the Judges view sound The
law under which they acted provides that should tbe
electrical companies fail las they did to submit plans
suitable for placing their electrical conductors under the
surface of the streets within sixty days the unsAY
OF the creating the Commission. should become lie
ready such general plan should meet the re-
qre and under this general plan To suitable con
Zed for electrical conductors and compel Ae trreo
by the companies operating the same This the board
holds makes abuntntiy clear that the L.
tended Commission to do just has done and
that any other construction o the statute
But the fact that the right of the ComInson
pOy the construction company as has done ha, been
puted by juds 20 tie bench has some o,
One capitalists interested In the constrrtion
Consequently they are holding back To xtent n
the Legislature declares clearly whether the
General Judge Van loosen Is night m th, IuID.'s
view II iudorsed them OF COURSE further atten,s %
be made toward providing undergrou oondi,,ts NV
means the Consolidated Company and all
plans Of the Board the work next su6i,asr Iii n
upset The subways already built In sixth-ave viii he
dead loss TO the contractors, since "rrorJ
ing TO Judge Van Hoescn, the electrical co,'a.i,
cannot be compelled u use them.
The other thing which the Legsatures nil A.. m
quired Is the continuance of the terms OF the
soners. The Board ex pres by limitation on Nov.n,.r
when not third ot It's work bs accon,ii"h.d
THIS point has been dwet upon Mt leugth i'm thc nnr.
annual report which has Just been sent To the
and tho mcnhers OF the Legislature .The whoi. d'r
caty." said gentleman connected with the constructor
company yesterday, has been raised over n oninhle
Judge Van oesen thinks that the words cause 10 nc de-
vised do not give tue Commission tue right 10 employ
q Sery corporation, but am notlnr coif h,,
more comprehensive and explicit than this nhrase
Ihere is doubt that the Legislature VIII nus,an Ihs
Board but until IL does there is Ieenv Of
suspense-just enough 10 keep the work back" -
COrpOra alton Counsel Lac0mbe has written IN ia araI
Newton, Commissioner OF Public Works that he h.s
ained the decision OF Judge Van oeseu and ocs not
ind any thing IN IL which requires IA moalucaon of Ihe
vice heretofore given concerning the issiiapc of
mts the Llectrcri subway Commissioners or In The
Consolidated Telegraph and Electrical CONSTRUCTION
pany. In conclusion, tho Corporation Counsel says
the further foqnest contained the letter from the
NewYork Underground fses>~vh Company namely, that
you refuse 10 allow tho Commissioners
Ter graph ami Electrical Construction Iompany any
Will be sufficient what should be taken y
the local authorities when sdch work am In.
formed by the chairman OF the board OF
LectcalSu bx that work Is going under the
Is contemplate while tho
present Under these ciroumsances 10 see that
lbe department Of Public workss called upon 10 take any
action.